Nod And Reconsideration

[kate7772]

DAV told my husband today that he needs to file his NOD soon as the one year mark is coming up on Sept 19. He currently has a reconsideration in that we had hoped would be decided by now. We were waiting as long as possible so as not to mess up the reconsideration. DAV said that even after filing the NOD, the reconsideration would continue and it wouldn't have to go into that 2 year or so that is common for a DRO.

That's not the impression I have gotten from reading here. Is DAV hopefully right about this?

There are some contentions that he did not put into the reconsideration due to waiting on an IMO so they will go into a DRO. So, can he have a reconsideration active on some things and a DRO on others at the same time while still keeping the original date on the ones in the reconsideration due to filing the NOD on time? All contentions were originally on the same claim.

Thanks

Kate

[Gastone]

Kate7772: Please, DO NOT LET THE OPPORTUNITY TO FILE THE NOD EXPIRE!!! It is the only way to keep your claim alive! I would advise that you file a NOD Immediately, yourself, send it Certified US Mail Return Receipt. I waited 11 mos to file my NOD back in 2010. Didn't have Reconsideration or anything else pending, just procrastination on my part. In my defense, I never heard from the VSO that filed the original claim after I left his office for the original claim in 07/2008. I currently help a number of Nam Vets,and my experience indicates that the only way you can be absolutely 100% Sure that your NOD has been filed when your get to the 11th Hour of the filing deadline is, DO IT Yourself! You can't afford to have a vso file your NOD requesting a DRO Review. and not specify that you are also requesting a personal hearing.

I would suggest that you immediately complete a VA Statement in Support Of Claim, available on-line. This is how I did mine in 2010, just for an idea. There is no official VA NOD form, even just writing it on regular paper is enough, state the following.

1. Please accept this as my formal notice of disagreement regarding the VA Claim Decision Dated --/--/----. note: this al thats necessary to put the VA on official notice regarding your NOD. You don't have to include the following but I did.

2. I stated that I was requesting a DRO Review with a Personal Hearing. I included the request for the "DRO with Hearing request" on every piece of correspondence regarding the NOD from that point on.

3. I specifically told the VA what Issues I disagreed with as well as what they awarded that I agreed with.

Sign It, Send It CERT-Mail return receipt. Or better yet, if possible, hand deliver it to the VA Regional Office. The Front desk will date stamp it and make a copy for you. At this point, better safe than sorry and more is better, as far as I'm concerned. Get it filed NOW, then we can discuss the "NEW Evidence" that you must provide to be successful with the DRO Review.

Good Luck Semper Fi

Gastone

[kate7772]

Kate7772: Please, DO NOT LET THE OPPORTUNITY TO FILE THE NOD EXPIRE!!! It is the only way to keep your claim alive! I would advise that you file a NOD Immediately, yourself, send it Certified US Mail Return Receipt. I waited 11 mos to file my NOD back in 2010. Didn't have Reconsideration or anything else pending, just procrastination on my part. In my defense, I never heard from the VSO that filed the original claim after I left his office for the original claim in 07/2008. I currently help a number of Nam Vets,and my experience indicates that the only way you can be absolutely 100% Sure that your NOD has been filed when your get to the 11th Hour of the filing deadline is, DO IT Yourself! You can't afford to have a vso file your NOD requesting a DRO Review. and not specify that you are also requesting a personal hearing.

I would suggest that you immediately complete a VA Statement in Support Of Claim, available on-line. This is how I did mine in 2010, just for an idea. There is no official VA NOD form, even just writing it on regular paper is enough, state the following.

1. Please accept this as my formal notice of disagreement regarding the VA Claim Decision Dated --/--/----. note: this al thats necessary to put the VA on official notice regarding your NOD. You don't have to include the following but I did.

2. I stated that I was requesting a DRO Review with a Personal Hearing. I included the request for the "DRO with Hearing request" on every piece of correspondence regarding the NOD from that point on.

3. I specifically told the VA what Issues I disagreed with as well as what they awarded that I agreed with.

Sign It, Send It CERT-Mail return receipt. Or better yet, if possible, hand deliver it to the VA Regional Office. The Front desk will date stamp it and make a copy for you. At this point, better safe than sorry and more is better, as far as I'm concerned. Get it filed NOW, then we can discuss the "NEW Evidence" that you must provide to be successful with the DRO Review.

Good Luck Semper Fi

Gastone

Does this cancel out the reconsideration or will it continue. It should be so close.

Also, do I not need to send in my new evidence(diagnosis, IMO?). Actually, all evidence will be new since we sent in absolutely nothing before.

[Berta]

I agree , send that NOD form in ASAP. There is a new form for NODs but this form is not mandatory



And absolutely send in any evidence such as a IMO, diagnosis ( is this a new diagnosis within the IMO) and EVERYTHING you feel will support the claim you are appealing.


In my opinion the NOD is the first avenue of attack and should be prepared in that way. Tell them why they are wrong and refer to and enclose with the NOD any evidence that shows they are wrong, such as IMO etc etc.

"Actually, all evidence will be new since we sent in absolutely nothing before. "

You mean you didnt send in any evidence with the reconsideration?????

If so, in my opinion that request will fail anyhow so best to get that NOD in on time.

" DAV said that even after filing the NOD, the reconsideration would continue and it wouldn't have to go into that 2 year or so that is common for a DRO.
That's not the impression I have gotten from reading here. Is DAV hopefully right about this?"

I guess he means you could request a DRO review or something, but if there was no evidence sent in with the request I dont see how that will help


Did he have the C & Ps yet for PTSD and the HL claim?

Some time ago I was shocked that you had stated he didnt even have a C & P exam and was denied but without seeing the actual decisions, it is hard to even guess.

Do you have the C & P results? If they did do a C & P exam.

Does the IMO doctor have those C & P results?





I am concerned about this:

"There are some contentions that he did not put into the reconsideration due to waiting on an IMO so they will go into a DRO. So, can he have a reconsideration active on some things and a DRO on others at the same time while still keeping the original date on the ones in the reconsideration due to filing the NOD on time? All contentions were originally on the same claim."

The reconsideration request must be shaped to the denial and also the NOD must be shaped that way as well.

What specific denial was the reconsideration request filed on?

Have you obtained an IMO and for what claim? Did the IMO follow the IMO criteria here at hadit?

I am completely confused by all of these issues ,

but sure not confused about the need to file the NOD ASAP, as Gastone said, with any evidence that supports the claim.

[kate7772]

I agree , send that NOD form in ASAP. There is a new form for NODs but this form is not mandatory

And absolutely send in any evidence such as a IMO, diagnosis ( is this a new diagnosis within the IMO) and EVERYTHING you feel will support the claim you are appealing.

In my opinion the NOD is the first avenue of attack and should be prepared in that way. Tell them why they are wrong and refer to and enclose with the NOD any evidence that shows they are wrong, such as IMO etc etc.

"Actually, all evidence will be new since we sent in absolutely nothing before. "

You mean you didnt send in any evidence with the reconsideration?????

I meant no evidence was sent with the original claim. We sent evidence with the reconsideration (new PTSD diagnosis, stressor and letters.)

If so, in my opinion that request will fail anyhow so best to get that NOD in on time.

" DAV said that even after filing the NOD, the reconsideration would continue and it wouldn't have to go into that 2 year or so that is common for a DRO.

That's not the impression I have gotten from reading here. Is DAV hopefully right about this?"

I guess he means you could request a DRO review or something, but if there was no evidence sent in with the request I dont see how that will help

Did he have the C & Ps yet for PTSD and the HL claim?

C&Ps have apparently been requested as of Aug 9 but no appointments yet.

Some time ago I was shocked that you had stated he didn't even have a C & P exam and was denied but without seeing the actual decisions, it is hard to even guess.

I would try to include the original denial but can't figure out how to attach. Can you explain how? The VA doc that gave the opinion for the denial just reviewed the records.

Do you have the C & P results? If they did do a C & P exam.

Does the IMO doctor have those C & P results?

I am concerned about this:

"There are some contentions that he did not put into the reconsideration due to waiting on an IMO so they will go into a DRO. So, can he have a reconsideration active on some things and a DRO on others at the same time while still keeping the original date on the ones in the reconsideration due to filing the NOD on time? All contentions were originally on the same claim."

The kidney claim was not done as a reconsideration because we were waiting to get an IMO.

The reconsideration request must be shaped to the denial and also the NOD must be shaped that way as well.

What specific denial was the reconsideration request filed on?

The denial was on hearing, tinnitus and anxiety, nervousness, irritability which has now been diagnosed as PTSD.

Have you obtained an IMO and for what claim? Did the IMO follow the IMO criteria here at hadit?

Dr. Bash did the IMO. He asked that I check it over for errors and there were several items I had questions on (see my post on the forums under IMOs.) I have emailed him several times over the past couple weeks but he has not gotten back yet.

I am completely confused by all of these issues ,

but sure not confused about the need to file the NOD ASAP, as Gastone said, with any evidence that supports the claim.

My husband is actually considering just letting the reconsideration keep on and not filing the NOD due to time issues. He knows he would lose the original date of July 2011 and potentially a lot of back pay but he is not a young person and not doing well with his PTSD and even working the 16 hours a week he is doing now, has become increasingly difficult. Very stressful job and he is making many mistakes. I work at the same place and spend much of my day helping him and cheking for mistakes all while hoping no one notices. His PTSD is severe and depression also. At the end of each work day, he is a mess and truthfully I am not much better. He wonders if it would be better to just hope for a rating from the reconsideration so hopefully he wouldn't need to continue the job which is only making his symptoms worse. Quality of life.

No one can even tell us how the PTSD was filed. Ebenefits says the hearing and tinnitus was filed as a reconsideration and the PTSD was a new claim. This could be because it was originally filed as symptoms of anxiety, irritability, etc instead of PTSD. PTSD was only actually diagnosed in Jan 2014 so the back date may not apply anyway. DAV says all filed as reconsideration. Peggy, depending on who you speak with, says reconsideration one time and new another.

Thanks.

[Berta]

Attachments:

Cover the C file number, name and address and then this is how I do it, I use the Microsoft t scanner and Camera Wizard in Accessories in my Start menu, and the scanner will take a picture of the doc, which you can name and then open or attach here. here.

You might have to use a different type of scan program on your PC.

I just scanned a booklet my daughter bought me on the local Bath VAMC. It was a farm hospital during the Civil War and is a beautiful VA facility. Then I used the Attach File thing with the Browse to the lower left of my post ,prior to posting it , opened my recent documents, found the document by name and then clicked on it on it popped up here as an attachment.

You can attach PDFs as well via Adobe.

Edited August 21, 2014 by Berta

[Gastone]

Kate7772: Does Filing the NOD, cancel out your request for reconsideration of the original claim??? I really don't know, but more important I and You, should not care or worry about the Reconsideration! I'll give you my thoughts on the "Reconsideration" request later in this post. For now, your 1st and foremost mission, is to insure that you don't allow the claim denial decision to become final by missing the NOD filing, "Drop Dead, DEAD LINE!" File your NOD Today, remember CERT Mail Return Receipt!

As for "Reconsideration" of your original claim denial. If my memory serves, all your doing is requesting the same VRO that made the original decision, take another look at the exact same evidence that was available for his initial decision. The only way you get to add new evidence and have a more senior VA Rater look at the claim without giving deference to the original denial decision, is by Filing a TIMELY NOD requesting a DRO Review, preferably with a request for a personal Hearing. What do you think the odds are of the original rater, reviewing his original decision, and changing his opinion. He might, but I doubt it. Again I'm basing my opinions regarding "Reconsideration" on my last 3 years of appeals research, I could be bass ackward, don't think so. I don't think "Reconsideration" is even an official VA claim status. Don't take a chance, the CLOCK is TICKING. FILE THE NOD!!!!!

Semper Fi

Gastone